Estes v. German National Bank
Supreme Court of Arkansas
Appeal from Prairie Circuit Court in Chancery, Southern District. James S. Thomas, Judge. 1. There was no sale or conveyance of the lands to Bchlin, and hence there was no vendor’s lien. The pretended sale was never authorized by the board of directors. It was intended as a sham — a scheme. The grantee never entered into possession, never claimed the land, never paid taxes on it, nor received any rents, and the pretended deed was never delivered to him.
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Appeal from Prairie Circuit Court in Chancery, Southern District. James S. Thomas, Judge. 1. There was no sale or conveyance of the lands to Bchlin, and hence there was no vendor’s lien. The pretended sale was never authorized by the board of directors. It was intended as a sham — a scheme. The grantee never entered into possession, never claimed the land, never paid taxes on it, nor received any rents, and the pretended deed was never delivered to him. Delivery of the deed was essential; and, even if the bank were conceded to be the agent of Bchlin to accept the deed, the rights of appellant…
1Opinion of the CourtBattle, J.
The German National Bank brought this action against the Emonson Mercantile & Manufacturing Company, G. M. Echlin, %. N. Estes & Co., and other creditors of the Emonson Company, to foreclose a lien on certain lands lying in Prairie county, in this state. The pleadings in the case present the following state of facts:
1. In behalf of plaintiff, it was alleged that the Emonson Company, being the owner of the lands before mentioned, sold them in good faith to G. M. Echlin, for the consideration of $21,200, and conveyed them to him by a deed duly executed, acknowledged and recorded ; that Echlin…
2Cases cited4 opinions
- Jacoway v. GaultSupreme Court of Arkansas · 1859
- Wilson v. SpringSupreme Court of Arkansas · 1881
- Simon v. Sevier Ass'nSupreme Court of Arkansas · 1890
- Harrington v. Sixth School DistrictSupreme Court of Vermont · 1858
3Cited by9 opinions
- Garmany v. LawtonSupreme Court of Georgia · 1906
- Felker v. RiceSupreme Court of Arkansas · 1913
- Winer v. Bank of BlythevilleSupreme Court of Arkansas · 1909
- Bodcaw Oil Co. v. Atlantic Refining Co.Supreme Court of Arkansas · 1950
- Lewis v. Forrest City Special Improvement DistrictSupreme Court of Arkansas · 1923
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